Il bancario “ibrido” nell’economia liquida (nuove proposte dall’autonomia collettiva) = "Hybrid" banking in the liquid economy (new proposals with collective autonomy). WP C.S.D.L.E. “Massimo D’Antona”.IT – 328/2017

The essay explores the technical aspects of the Intesa San Paolo Group's Sustainable Development Protocol of 1 February 2017, in which it introduces, for the first time in Italy, an innovative way of professional collaboration that comes alive thanks to the parallel coexistence, between the bank and its employee, a part-time employment relationship and an independent employment relationship. A complex contractual framework created to try to meet multiple expectations. A contractual schema that proposes itself to the attention of the market as a possible tool for organizing work in the current, difficult, economic environment of the banking sector. An industry that demonstrates a strong need for innovation and solutions that can sustainably support the unstoppable change of businesses that animate it

Il debito contributivo dell’impresa insolvente = The contributory debt of the insolvent company. WP C.S.D.L.E. “Massimo D’Antona”.IT – 325/2017

The essay is devoted to the new discipline of the treatment of pensione contributory debts in the corporate insolvency proceedings, in force since January 1, 2017 (Article 182, ter, bankruptcy law). The paper, taking into account all the social security provisions relevant to this issue, focuses in particular on the public nature of the agreement with the social security institutions; on the debt reduction criteria and on the margins of discretion of the social security institution in deciding whether to accept or not the agreement

Le garanzie difficili nel sistema degli appalti = Difficult guarantees in the procurement system. WP C.S.D.L.E. “Massimo D’Antona”.IT – 393/2019

The labour regulation in the procurement and, generally, in the process of productive decentralization is a normative system extremely complex that requires, for the interpreter, a modern and interdisciplinary approach. The essay, having explained this premise, analyzes some specific areas of interpretative uncertainty, proposing solutions that aim to develop the contribution of disciplinary areas different from the labour law. Moreover, all the above to identify and to establish the new limits among the procurement contract, the subcontracting and irregular provision of employment services, also in the area of network contracts; with the aim to rethink the effects and consequences of the certification of the procurement contract and to highlight the criticality of the role given to the collective autonomy in the present field

Automatic Generation of Failure Scenarios for SoC

International audienceAs process technology downscales, testing difficulties and susceptibility of circuits to random hardware faults arise. This trend, combined with increasing complexity of functions to be performed by Systems-on-Chip, poses crucial concerns when system engineers have to quantify the dependability achieved by their SoC design. In this paper we propose an extension of the existing approaches to the fault analysis of SoCs describing (1) an algorithm for the automatic generation of failure scenarios based on Bounded Model Checking (BMC) (2) a methodology and Simulink-based tool for the automatic execution of SoC safety analysis and (3) an application of the proposed analysis flow to a concrete SoC use case

Dalla autoregolamentazione” alla “legge sindacale”? La questione dell’ambito di misurazione della rappresentatività sindacale = From self-regulation "to" union law "? The issue of the scope of measurement of union representation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 209/2014

The paper deepens the reasons that require a legislative intervention in support of interconfederal bargaining of January 10, 2014; it also illustrates some of the possible contents of the "trade union law", in the light of the current doctrinal debate. In particular the A. focuses on the problem of defining by statute the measurement of trade union representation, highlighting the strengths and weaknesses of some case (a. the measurement of trade union representation in each collective bargaining; b. the measurement of trade union representation in each collective bargaining selected by interconfederal agreement; c. the measurement of trade union representation in each productive sector)

Metrics for quantifying the circularity of bioplastics: The case of bio-based and biodegradable mulch films

The concept of circularity and its quantification through the Material Circularity Indicator (MCI) is well established for traditional plastic products. In this paper a methodological approach for calculating the circularity of bio-based and biodegradable (BB) products is proposed and applied to BB mulch films. BB products are different from traditional products in as much as they are sourced and regenerated (recycled) not through technical cycles but the biological loop. The suggested method is an adaptation of the MCI where two major changes were made: (i) the mass of the bio-based component corresponds to the recycled material in input and (ii) the mass of the bio-based component leaving the system through composting or biodegradation in soil is accounted as recycled. The modified MCI supports the eco-design of innovative BB products and allows for the comparison of their circularity taking into account the biological source and the expected end of life process such as biodegradation. To demonstrate the adaptation, the method has been applied to BB mulch films. Results showed that the MCI of a biodegradable mulch film, characterized by an average bio-based feedstock content of 30% is 0.37 ± 0.04 in a 0–1 scale. For BB mulch film, the amount of bio-based feedstock is the most sensitive factor and controls linearly the value of the MCI

Collaborazioni organizzate e subordinazione: il problema del limite (qualitativo) di intensificazione del potere di istruzione = Organized collaborations and subordination: the problem of the (qualitative) limit of intensification of the power of education. WP C.S.D.L.E. “Massimo D’Antona”.IT – 315/2016

The essay complete the author's previous considerations about autonomous nature of “collaborazioni organizzate” (art. 2 d.lgs. n. 81/2015) investigating, in particular, on the content and the limits of the creditor powers that characterize the self-employment contract. The conclusion is that in the self-employment contract the creditor powers are qualitatively different than the powers of the employer

Il regime sanzionatorio dei licenziamenti nel Jobs Act (un commento provvisorio, dallo schema al decreto) = The sanctions regime for layoffs in the Jobs Act (a provisional comment, from the scheme to the decree). WP C.S.D.L.E. “Massimo D’Antona”.IT – 236/2015

The essay is entirely dedicated to the legislative decree that – in application of the parliamentary mandate n. 189/2014 – introduces the new penalty regime to apply in case of wrongful terminations of those employees (who were employed after the approval of the mentioned legislative decree) hired under the new form of permanent contract called: “contratto di lavoro subordinato a tutele crescenti”. This study is composed of three parts. The introduction contains a general analysis of the content of the new law and discusses its impact on the labor legal field. The first part highlights the potential risks related to the definition of the application field of the new penalty regime, with specific regard to the article 3 of the Constitution. On the other side, the second part of this study faces the most relevant questions of interpretation that eventually would arise on the new penalty regime; specifically, this section analyzes the new discipline of the distribution of the burden of proof in order to identify the cases of potential judicial reinstatement of the employee

Dei poteri (del datore di lavoro), dei controlli (a distanza) e del trattamento dei dati (del lavoratore) = The transfer of rest and holidays according to art. 24 of Legislative Decree no. 151/2015. WP C.S.D.L.E. “Massimo D’Antona”.IT – 300/2016

The essay takes into account the new wording of Article 4 of the Law n. 300/1970 with the aim to provide - in an interdisciplinary perspective, today strongly conditioned by the right to privacy - a systematic reconstruction of the updated discipline of remote controls for workers. After proposing a criteria to distinguish the instruments of control (art . 4 , paragraph 1) from the work tools (art . 4 , par. 2), relevant because only the latter can be used to monitor the employee’s performance without any prior authorization, the reached conclusion is that the protection of the worker is mostly focused on the level of the individual employment relationship and focused on the mode of processing data. A treatment that labor law allows, waiving the right of privacy, for all purposes relating to the employment relationship and without need for prior consent of the worker. Thus, opening up new perspectives that will profoundly change the enterprise organization